Patna High Court
Rina Devi vs The State Of Bihar on 17 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13951 of 2023
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Rina Devi Wife of Late Gajendra Singh @ Gajendra Kumar Singh, Resident
of Village- Kanchanpur, P.S.-Sasaram (Muffasil), District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Registration
Excise and Prohibition Department, Govt. of Bihar, Patna.
2. The Additional Principal Secretary, Registration, Excise and Prohibition
Department, Government of Bihar, Vikash Bhawan, Patna.
3. The Excise Commissioner-cum-Appellate Authority, Registration, Excise
and Prohibition Department, Government of Bihar, Vikash Bhawan, Patna.
4. The District Magistrate-cum-Confiscating Authority, Rohtas at Sasaram.
5. The Superintendent of Police, Rohtas at Sasaram.
6. The Superintendent of Excise Department, Rohtas.
7. The S.H.O., Sasaram (Muffasil), District- Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate.
For the Respondent/s : Mr. Vikash Kumar ( SC- 11 ).
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-10-2023
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"I. To issue writ/writs, order/orders/direction/
directions including a writ in the nature of
certiorari for quashing the Notice being
Memo No.5438/fof/k dated 07.08.2023
passed in Excise Confiscation Case
Patna High Court CWJC No.13951 of 2023 dt.17-10-2023
no.02/2016 (State Versus Jai Gurudev Line
Hotel, Prop.. Rameshwar Singh) and
awarded Rs.15,00,000/- (Fifteen Lacs) upon
the petitioner regarding the recovery of
2.770 liters Foreign liquors from vacant land
appertaining Khata No.23, Plot No.1666 and
Rakba-0.16 decimals situated on four lane
under Circle Officer, Sasaram, Rohtas of the
petitioner, which has been seized by the
Police in Sasaram (Muffasil) P.S. Case
No.503/2016 dated 21.04.2016 under
section 47(A), 53(A), 53(B) and 54 of Bihar
Excise Amendment Act- 2016 without
considering the facts and circumstances of
the case of the petitioner in proper
perspectives.
II. To issue a writ/writs, order/orders, direction/
directions including a writ in the nature of
mandamus directing the Respondents to
unseal the aforesaid seized vacant land
appertaining Khata No.23, Plot No.1666
and Rakba-0.16 decimals situated on four
Patna High Court CWJC No.13951 of 2023 dt.17-10-2023
lane under Circle Officer, Sasaram, Rohtas
in favour of the petitioner.
III. For granting any other relief or reliefs for
which the petitioner may be found entitled
in the facts and circumstances of the
case."
2. Prima facie, the present writ petition is not
maintainable in view of the fact that the petitioner has statutory
remedy of Appeal under Section 92 of the Bihar Excise Act,
2015.
3. Learned counsel for the petitioner submitted that
earlier he has approached this Court in filing C.W.J.C. No.16464
of 2021 and it was decided on 29.04.2023. In the guise of
interpretation of orders of this Court, the confiscating authority
has passed the orders. Therefore, he did not exhaust the
statutory remedy.
4. It is to be noted that cause of action for filing
appeal has accrued to the petitioner afresh. Therefore, he has to
exhaust statutory remedy.
5. Accordingly, the present writ petition stands
disposed of as pre-mature and not maintainable in absence of
exhausting statutory remedy.
Patna High Court CWJC No.13951 of 2023 dt.17-10-2023
6. Hence, the present writ petition stands disposed of
reserving liberty to the petitioner to invoke remedy of appeal
before the appellate authority within a reasonable period. If
such an appeal is filed, the concerned Appellate authority is
hereby directed to decide the appeal within a reasonable period
of time.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.10.2023.
Transmission Date NA
